I am in Pakistan removed from UK in February 2017 inspite of having two daughters in UK but me being divorced and an overstayer, my appeal to upper tribunal also dismissed. My lawyer at that time proposed that I should have a court order for Direct Contact and this way I could go back to my daughters in UK and look after them.
The latest situation is that I have been denied Direct Contact and allowed Indirect contact with my daughters by the District Judge in family court Birmingham. My wife is not supportive which I had mentioned and I requested for a CAFCASS Report 7 to the judge, which also has not been given heed to instead the judge gave remarks that I should bear in mind that girls are small and I should keep in mind age appropriate talk. Mostly my ex wife keeps them busy with some other activity at the specified call timing and sometimes they are in a moving vehicle at the pre arranged time.
My ex wife is family solicitor and me being away had influenced the judge by giving remarks of appreciation and claiming that she is very satisfied that her case is with this judge and the judge also recognised her. This was advised in the Barrister's attendance notes at the hearing, regretfully I did not afforded the barrister further and became an LIP in the case.
In one of the court hearings the Judge had given remarks that she would like to wait and see the outcome of indirect contact for 12 months for allowing direct contact, but nothing has been mentioned about this in the final order.
No detail explainations are given in the final order, I had submitted a six page Witness Statement, and a six page Position Statement but no point raised.
The CAFCASS Safeguarding of Police verification from Pakistan for me was not received through ACRO during the duration of the case since their is no agreement between the two countries and for which I am being penalized on the other hand the UK authorities had submitted report of no record of mine with them. I had offered to obtain and submit a Police Character Certificate from my District Police Office which is submitted to all foreign embassies and consulates for visas and other requirements. The Home Office guidance also advises the nationals of Pakistan to obtain these certificates themselves either through UK embassy or consulate of Pakistan in UK. ACRO also acknowledges that countries ask their individuals to contact directly for such clearances / certificates.
My ex Solicitor of immigration had given a summary of my immigration case and had recommended that if court would allow Direct Contact of me with my daughters then it would be possible for me to get visit visa and see my daughters and this would start a new process for me for leave to remain in UK.
I need to appeal or should I wait and submit fresh case for Direct Contact when 12 months are over and above and I need some legal advice / help as to how to proceed in my case since even the first CAFCASS initial report has even been not considered which was in my favor.
I need a strong representation since my case has been disregarded and outweighed at every step.